Preview
INDEX NO. 190280/2015
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/28/2015
X:casesDOM61357\Im\SMH\Pleadings\Answer
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY O| JEW YORK
ee ee
ROBERT GODFREY and SHIRLEY GODFREY, Index No.: 190280/15
Plaintiffs, VERIFIED ANSWER
-against-
A.O. SMITH WATER PRODUCTS, ET AL,
Defendant(s).
ee
COUNSELORS:
Defendant(s), DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS
TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries,
Inc., through its attorneys, BARRY McTIERNAN & MOORE LLC, answering the
Verified Complaint of the plaintiff(s), states as follows:
1 Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “1” of the Verified Complaint.
2 Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “2” of the Verified Complaint.
3 Denies upon information and belief, each and every allegation contained in
paragraph numbered “3” of the Verified Complaint.
4 Denies upon information and belief, each and every allegation contained in
paragraph numbered “4” of the Verified Complaint.
5 Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “5” of the Verified Complaint.
6. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “6” of the Verified Complaint.
7 Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “7” of the Verified Complaint.
8 Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “8” of the Verified Complaint.
9 Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “9” of the Verified Complaint.
10. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “10” of the Verified Complaint.
11. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “11” of the Verified Complaint.
12. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “12” of the Verified Complaint.
13. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “1 an
5) of the Verified Complaint.
14. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “14” of the Verified Complaint.
iS: Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “15” of the Verified Complaint.
16. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “16” of the Verified Complaint.
17. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “17” of the Verified Complaint.
18. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “18” of the Verified Complaint.
19. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “19” of the Verified Complaint.
20. Denies upon information and belief, each and every allegation contained
in paragraphs numbered “20” of the Verified Complaint, but admits defendant is a
foreign corporation.
21. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “21” of the Verified Complaint.
22. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “22” of the Verified Complaint.
23. Denies any knowledge or information sufficient to form abelief as to the
allegations contained in paragraph numbered “23” of the Verified Complaint.
24. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “24” of the Verified Complaint.
25. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “25” of the Verified Complaint.
26. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “26” of the Verified Complaint.
27. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “27” of the Verified Complaint.
28. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “28” of the Verified Complaint.
29. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “29” of the Verified Complaint.
30. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “30” of the Verified Complaint.
31. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “31” of the Verified Complaint.
32. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “32” of the Verified Complaint.
33. Denies any knowledge or information sufficient to form abelief as to the
allegations contained in paragraph numbered “33” of the Verified Complaint.
34. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “34” of the Verified Complaint.
35. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “35” of the Verified Complaint.
36. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “36” of the Verified Complaint.
37. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “37” of the Verified Complaint.
38. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “38” of the Verified Complaint.
39. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “39” of the Verified Complaint.
40. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “40” of the Verified Complaint.
41. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “41” of the Verified Complaint.
42. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “42” of the Verified Complaint.
43. Denies each and every allegation contained in paragraph numbered “43” of
the Verified Complaint.
44, Denies each and every allegation contained in paragraph numbered “44” of
the Verified Complaint.
45. Denies each and every allegation contained in paragraph numbered “45” of
the Verified Complaint.
46. Denies each and every allegation contained in paragraph numbered “46” of
the Verified Complaint.
47. Denies each and every allegation contained in paragraph numbered “47” of
the Verified Complaint.
48. Denies each and every allegation contained in paragraph numbered “48” of
the Verified Complaint.
49. Denies each and every allegation contained in paragraph numbered “49” of
the Verified Complaint.
50. Denies each and every allegation contained in paragraph numbered “50” of
the Verified Complaint.
ANSWERING FIRST CAUSE OF ACTION
51. Answering paragraph numbered “51” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “50” of this Verified Answer.
52. Denies each and every allegation contained in paragraph numbered “52” of
the Verified Complaint.
535 Denies each and every allegation contained in paragraph numbered “53” of
the Verified Complaint.
54. Denies each and every allegation contained in paragraph numbered “54” of
the Verified Complaint.
SS. Denies each and every allegation contained in paragraph numbered “55” of
the Verified Complaint.
56. Denies each and every allegation contained in paragraph numbered “56” of
the Verified Complaint.
37. Denies each and every allegation contained in paragraph numbered “57” of
the Verified Complaint.
58. Denies each and every allegation contained in paragraph numbered “58” of
the Verified Complaint.
Sos Denies each and every allegation contained in paragraph numbered “59” of
the Verified Complaint.
ANSWERING SECOND CAUSE OF ACTION
60. Answering paragraph numbered “60” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “59” of this Verified Answer.
61. Denies upon information and belief, each and every allegation contained in
paragraph numbered “61” of the Verified Complaint with all questions of law referred to the
Court.
62. Denies each and every allegation contained in paragraph numbered “62” of
the Verified Complaint.
63. Denies each and every allegation contained in paragraph numbered “63” of
the Verified Complaint.
64. Denies each and every allegation contained in paragraph numbered “64” of
the Verified Complaint.
ANSWERING THIRD CAUSE OF ACTION
65. Answering paragraph numbered “65” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “64” of this Verified Answer.
66. Denies each and every allegation contained in paragraph numbered “66” of
the Verified Complaint.
67. Denies each and every allegation contained in paragraph numbered “67” of
the Verified Complaint.
68. Denies each and every allegation contained in paragraph numbered “68” of
the Verified Complaint.
69. Denies each and every allegation contained in paragraph numbered “69” of
the Verified Complaint.
70. Denies each and every allegation contained in paragraph numbered “70” of
the Verified Complaint.
71. Denies each and every allegation contained in paragraph numbered “71” of
the Verified Complaint.
ves Denies each and every allegation contained in paragraph numbered “72” of
the Verified Complaint.
73. Denies each and every allegation contained in paragraph numbered “73” of
the Verified Complaint.
74. Denies each and every allegation contained in paragraph numbered “74” of
the Verified Complaint.
ANSWERING FOURTH CAUSE OF ACTION
75. Answering paragraph numbered “75” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “74” of this Verified Answer.
76. Denies each and every allegation contained in paragraph numbered “76” of
the Verified Complaint.
77. Denies each and every allegation contained in paragraph numbered “77” of
the Verified Complaint.
7B. Denies each and every allegation contained in paragraph numbered “78” of
the Verified Complaint.
79. Denies each and every allegation contained in paragraph numbered “79” of
the Verified Complaint.
80. Denies each and every allegation contained in paragraph numbered “80” of
the Verified Complaint.
81. Denies each and every allegation contained in paragraph numbered “81” of
the Verified Complaint.
82. Denies each and every allegation contained in paragraph numbered “82” of
the Verified Complaint.
83. Denies each and every allegation contained in paragraph numbered “83” of
the Verified Complaint.
84. Denies each and every allegation contained in paragraph numbered “84” of
the Verified Complaint.
85. Denies each and every allegation contained in paragraph numbered “85” of
the Verified Complaint.
86. Denies each and every allegation contained in paragraph numbered “86” of
the Verified Complaint.
87. Denies each and every allegation contained in paragraph numbered “87” of
the Verified Complaint.
88. Denies each and every allegation contained in paragraph numbered “88” of
the Verified Complaint.
89, Denies each and every allegation contained in paragraph numbered “89” of
the Verified Complaint.
90. Denies each and every allegation contained in paragraph numbered “90” of
the Verified Complaint.
oe Denies each and every allegation contained in paragraph numbered “91” of
the Verified Complaint.
92. Denies each and every allegation contained in paragraph numbered “92” of
the Verified Complaint.
93. Denies each and every allegation contained in paragraph numbered “93” of
the Verified Complaint.
ANSWERING FIFTH CAUSE OF ACTION
94. Answering paragraph numbered “94” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “93” of this Verified Answer.
95. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “95” of the Verified Complaint.
96. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “96” of the Verified Complaint.
97. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “97” of the Verified Complaint.
98. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “98” of the Verified Complaint.
99. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “99” of the Verified Complaint.
100. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “100” of the Verified Complaint.
101. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “101” of the Verified Complaint.
ANSWERING SIXTH CAUSE OF ACTION
102. Answering paragraph numbered “102” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “101” of this Verified Answer.
103. Denies each and every allegation contained in paragraph numbered “103” of
the Verified Complaint.
104, Denies each and every allegation contained in paragraph numbered “104” of
the Verified Complaint.
105. Denies each and every allegation contained in paragraph numbered “105” of
the Verified Complaint.
106. Denies each and every allegation contained in paragraph numbered “106” of
the Verified Complaint.
107. Denies each and every allegation contained in paragraph numbered “107” of
the Verified Complaint.
108. Denies each and every allegation contained in paragraph numbered “108” of
the Verified Complaint.
109. Denies each and every allegation contained in paragraph numbered “109” of
the Verified Complaint.
110. Denies each and every allegation contained in paragraph numbered “110” of
the Verified Complaint.
111. Denies each and every allegation contained in paragraph numbered “111” of
the Verified Complaint.
112. Denies each and every allegation contained in paragraph numbered “112” of
the Verified Complaint.
113. Denies each and every allegation contained in paragraph numbered “113” of
the Verified Complaint.
114. Denies each and every allegation contained in paragraph numbered “114” of
the Verified Complaint.
115. Denies each and every allegation contained in paragraph numbered “115” of
the Verified Complaint.
116. Denies each and every allegation contained in paragraph numbered “116” of
the Verified Complaint.
117. Denies each and every allegation contained in paragraph numbered “117” of
the Verified Complaint.
ANSWERING SEVENTH CAUSE OF ACTION
118. Answering paragraph numbered “118” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “102” of this Verified Answer.
119. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “119” of the Verified Complaint.
120. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “120” of the Verified Complaint.
121. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “121” of the Verified Complaint.
122. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “122” of the Verified Complaint.
123. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “123” of the Verified Complaint.
124. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “124” of the Verified Complaint.
125. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “125” of the Verified Complaint.
126. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “126” of the Verified Complaint.
127. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “127” of the Verified Complaint.
128. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “128” of the Verified Complaint.
129. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “129” of the Verified Complaint.
130. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “130” of the Verified Complaint.
131. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “131” of the Verified Complaint.
ANSWERING EIGHTH CAUSE OF ACTION
132. Answering paragraph numbered “132” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “131” of this Verified Answer.
133. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “133” of the Verified Complaint.
134. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “134” of the Verified Complaint.
135. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “135” of the Verified Complaint.
136. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “136” of the Verified Complaint.
Si Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “137” of the Verified Complaint.
138. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “138” of the Verified Complaint.
139. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “139” of the Verified Complaint.
140. Denies any knowledge or information sufficient to form abelief as to the
allegations contained in paragraph numbered “140” of the Verified Complaint.
141. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “141” of the Verified Complaint.
142. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “142” of the Verified Complaint.
143. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “143” of the Verified Complaint.
144, Denies each and every allegation contained in paragraph numbered “144” of
the Verified Complaint.
145, Denies each and every allegation contained in paragraph numbered “145” of
the Verified Complaint.
146. Denies upon information and belief, each and every allegation contained in
paragraph numbered “146” of the Verified Complaint with all questions of law referred to the
Court.
147. Denies upon information and belief, each and every allegation contained in
paragraph numbered “147” of the Verified Complaint with all questions of law referred to the
Court.
ANSWERING NINTH CAUSE OF ACTION
148. Answering paragraph numbered “148” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “1”
through “147” of this Verified Answer.
149. Denies upon information and belief, each and every allegation contained in
paragraph numbered “149” of the Verified Complaint with all questions of law referred to the
Court.
150. Denies upon information and belief, each and every allegation contained in
paragraph numbered “150” of the Verified Complaint with all questions of law referred to the
Court.
151. Denies upon information and belief, each and every allegation contained in
paragraph numbered “151” of the Verified Complaint with all questions of law referred to the
Court.
152. Denies upon information and belief, each and every allegation contained in
paragraph numbered “152” of the Verified Complaint with all questions of law referred to the
Court.
153, Denies upon information and belief, each and every allegation contained in
paragraph numbered “153” of the Verified Complaint with all questions of law referred to the
Court.
154. Denies upon information and belief, each and every allegation contained in
paragraph numbered “154” of the Verified Complaint with all questions of law referred to the
Court.
155. Denies upon information and belief, each and every allegation contained in
paragraph numbered “155” of the Verified Complaint with all questions of law referred to the
Court.
156. Denies upon information and belief, each and every allegation contained in
paragraph numbered “156” of the Verified Complaint with all questions of law referred to the
Court.
157. Denies upon information and belief, each and every allegation contained in
paragraph numbered “157” of the Verified Complaint with all questions of law referred to the
Court.
158. Denies upon information and belief, each and every allegation contained in
paragraph numbered “158” of the Verified Complaint with all questions of law referred to the
Court.
159. Denies upon information and belief, each and every allegation contained in
paragraph numbered “159” of the Verified Complaint with all questions of law referred to the
Court.
160. Denies upon information and belief, each and every allegation contained in
paragraph numbered “160” of the Verified Complaint with all questions of law referred to the
Court.
ANSWERING TENTH CAUSE OF ACTION
161. Answering paragraph numbered “161” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “ey
through “160” of this Verified Answer.
162. Denies each and every allegation contained in paragraph numbered 162” of
the Verified Complaint.
ANSWERING ELEVENTH CAUSE OF ACTION
163. Answering paragraph numbered “163” of the Verified Complaint,
defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS,
INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats,
reiterates and realleges each and every response contained in paragraphs numbered “ey
through “164” of this Verified Answer.
164. Denies any knowledge or information sufficient to form a belief as to the
allegations contained in paragraph numbered “164” of the Verified Complaint.
165. Denies each and every allegation contained in paragraph numbered “165” of
the Verified Complaint.
AS AND FOR A FIRST, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC.., d/b/a Tarkett. Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
166. This Court lacks jurisdiction over the answering defendant as a result of
improper, and lack of, service of process.
AS AND FOR A SECOND, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
167. All claims are time-barred by the applicable Statutes of Limitations.
AS AND FOR A THIRD, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS. INC.. d/b/a Tarkett, Inc.. Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
168. All claims brought under the New York Statute of Limitations approved
July 30, 1986 are time barred in that the statute is unconstitutional.
AS AND FOR A FOURTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
169. The causes of action pleaded in the complaint have not been maintained in
a timely fashion and plaintiffs have neglected the same and should be barred by the
doctrine of laches.
AS AND FOR A FIFTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
170. The forum chosen by the plaintiffs lacks personal jurisdiction over this
answering defendant.
AS AND FOR A SIXTH. SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
171. The complaint and each and every allegation considered separately fails to
state any cause of action against the answering defendant upon which relief can be
granted.
AS AND FOR A SEVENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT,
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC.. d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries. Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
172. Insofar as the complaint, and each cause of action considered separately,
alleges a cause of action accruing on or after September 1, 1975, to recover damages for
personal injuries, the amount of damages recoverable thereon must be diminished by
reason of the culpable conduct attributable to the plaintiff including contributory
negligence and assumption of risk, in the proportion which the culpable conduction
attributable to the plaintiffs bears to the culpable conduct which cause the damages.
AS AND FOR AN EIGHTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
173. Insofar as the complaint, and each cause of action considered separately,
alleges a cause of action accruing before September 1, 1975, each such cause of action is
barred by reason of the culpable conduct attributable to the plaintiffs including
contributory negligence and assumption of the risk.
AS AND FOR A NINTH. SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individuall
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
174. If the plaintiffs should prove that they sustained injuries and damages as
alleged, such injuries and damages resulted from acts or omissions on the part of the
third-parties over whom this answering defendant had no control or right of control.
AS AND FOR A TENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC.. d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
175. While this answering defendant denies the plaintiffs' allegations of
negligence, statutory liability and/or strict liability, any injury and damages, to the extent
that plaintiffs may be able to prove them, were the results of intervening and/or
interceding acts of superseding negligence on the part of parties over whom this
answering defendant neither controlled nor had the right to control.
AS AND FOR AN ELEVENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
176. At all times during the conduct of its corporate operations, the agents,
servants and/or employees of this answering defendant used methods in manufacturing its
products in conformity with the available knowledge, state of the art and research of the
scientific and industrial communities.
AS AND FOR A TWELFTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT,
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries. Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
177. Plaintiffs, their co-workers and employers misused, abused, mistreated
and misapplied the product designated as asbestos material as alleged in the complaint.
AS AND FOR A THIRTEENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT,
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
178. If the Court finds that any misuse, abuse, mistreatment and/or
misapplication of the product caused and/or contributed to the alleged damages or
injuries to the plaintiffs, then this answering defendant requests that the amount of
damages which might be recoverable shall be diminished by the proportion which the
same misuse, abuse, mistreatment and/or misapplication, attributed to the plaintiffs, their
co-workers and/or employers bear to the conduct which caused the alleged damages or
injuries.
AS AND FOR A FOURTEENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS. INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
179. Any oral warranties upon which plaintiffs relied are inadmissible and
unavailable because of the provisions of the applicable Statue of Frauds.
AS AND FOR A FIFTEENTH. SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC.., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
180. As to all causes of action pleaded in the complaint which are based upon
expressed or implied warranties and/or representations, the alleged breaches thereof as
against this answering defendant are legally insufficient by reason of their failure to
allege privity of contract between the plaintiffs and this answering defendant.
AS AND FOR A SIXTEENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC.., d/b/a Tarkett, Inc., Individuall
and as successor to Azrock Industries. Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
181. Plaintiffs did not directly or indirectly purchase any asbestos containing
products or materials from this answering defendant and plaintiffs neither received nor
relied on any representation or warranty allegedly made by this answering defendant.
AS AND FOR A SEVENTEENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
182. In the event that any breach of warranty is proven, plaintiffs failed to give
proper and prompt notice of any such breach of warranty to this answering defendant.
AS AND FOR AN EIGHTEENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT,
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individuall
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
183. To the extent that the causes of action pleaded by plaintiffs fail to accord
with the Uniform Commercial Code, including, but not limited to Section 2-725 thereof,
the plaintiffs' complaint is time-barred.
AS AND FOR A NINETEENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS. INC. s/h/a DOMCO
PRODUCTS TEXAS, INC.., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
184. Upon information and belief, plaintiffs filed to mitigate or otherwise act to
lessen or reduce the injuries and disabilities alleged in the complaint.
AS AND FOR A TWENTIETH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS. INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries. Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
185. To the extent that plaintiff seeks punitive damages against answering
defendant, these damages are improper, unwarranted, not authorized by law and are
unconstitutional in the context of this litigation. Subjecting the defendant to multiple
trials and multiple imposition of punitive damages for the same course of conduct is
violation of both substantive and procedural due process under the United States
Constitution and the State of New York. Punitive damages are a violation of due process.
The standard for the award of punitive damages is constitutionally void for vagueness.
Lack of limitation on possible multiple imposition of punitive damage awards for the
same alleged course of conduct is unconstitutional.
AS AND FOR A TWENTY-FIRST, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
186. Plaintiffs are estopped from asserting the causes of action alleged in the
complaint.
AS AND FOR A TWENTY-SECOND, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individual}
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
187. Plaintiffs have waived the causes of action and recovery alleged in the
complaint.
AS AND FOR A TWENTY-THIRD SEPARATE AFFIRMATIVE
AND COMPLETE DEFENSE THE DEFENDANT,
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.. Individual]:
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
188. Plaintiffs have failed to name and join essential and necessary parties.
AS AND FOR A TWENTY-FOURTH. SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
189. The defendant answering herein incorporated by reference, as if more
fully set forth at length herein, all defenses, both affirmative and otherwise, raised,
pleaded or asserted by all other answering defendants and third-party defendants.
AS AND FOR A TWENTY-FIFTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individual
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
190. The injuries allegedly suffered by the plaintiffs, if any (which injuries are
specifically denied by the answering defendant), were the result of culpable conduct or
fault of third persons for whose conduct this answering defendant is not legally
responsible, and the damaged recovered by the plaintiffs, if any, should be diminished or
reduced in the proportion to which said culpable conduct bears upon the culpable conduct
which caused the damages. Any liability on the part of this answering defendant (which
liability is vigorously and specifically denied) is fifty percent or less of the liability of all
persons who are the cause of the alleged injuries, if any, and the liability of this
answering defendant for non-economic loss does not exceed this answering defendant's
equitable share determined in accordance with the relative culpability of each person
causing or contributing to the total liability for non-economic loss pursuant to CPLR
section 1601 through 1603.
AS AND FOR A TWENTY-SIXTH. SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.. Individually
and as successor to Azrock Industries. Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
191, Plaintiffs lack requisite capacity, standing and authority to bring the within
action, as they are not real parties in interest.
AS AND FOR A TWENTY-SEVENTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
192. The within action cannot be maintained as there is another action pending
between the same of similar parties for the same cause of action in a court of a state or
the United States.
AS AND FOR A TWENTY-EIGHTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.. Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
193. This cause of action may not be maintained because of arbitration and
award, collateral estoppel, a discharge in bankruptcy, infancy (or some other disability)
of the plaintiffs, payment, release and/or res judicata.
AS AND FOR A TWENTY-NINTH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
194. Plaintiffs do not specifically make any allegations against the answering
defendant.
AS AND FOR A THIRTIETH, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT,
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individuall
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
O58 The defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock
Industries, Inc., alleges and asserts that the action has been improperly venued.
AS AND FOR A THIRTY-FIRST, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc., ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
196. Any asbestos-containing product of this answering defendant that may be
present at plaintiff's job locations were placed in any such buildings upon specification,
approval or at the instruction of governmental or legislative agencies or bodies.
AS AND FOR A THIRTY-SECOND, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT
DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO
PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually
and as successor to Azrock Industries, Inc.. ALLEGES
UPON INFORMATION AND BELIEF AS FOLLOWS:
197. Exposure to asbestos fibers attributable to this defendant is so minimal so
as to be insufficient to establish to a reasonable degree of probability that the products are
capable of causing injury or damages and must be considered speculative as a matter of
law.
AS AND FOR A THIRTY-THIRD, SEPARATE AND COMPLETE
AFFIRMATIVE DEFENSE THE DEFENDANT.
DOMCO PRODUCTS TEXAS, INC.
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INDEX NO. 190280/2015 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 10/28/2015 X:casesDOM61357\Im\SMH\Pleadings\Answer SUPREME COURT OF THE STATE OF NEW YORK COUNTY O| JEW YORK ee ee ROBERT GODFREY and SHIRLEY GODFREY, Index No.: 190280/15 Plaintiffs, VERIFIED ANSWER -against- A.O. SMITH WATER PRODUCTS, ET AL, Defendant(s). ee COUNSELORS: Defendant(s), DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., through its attorneys, BARRY McTIERNAN & MOORE LLC, answering the Verified Complaint of the plaintiff(s), states as follows: 1 Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “1” of the Verified Complaint. 2 Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “2” of the Verified Complaint. 3 Denies upon information and belief, each and every allegation contained in paragraph numbered “3” of the Verified Complaint. 4 Denies upon information and belief, each and every allegation contained in paragraph numbered “4” of the Verified Complaint. 5 Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “5” of the Verified Complaint. 6. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “6” of the Verified Complaint. 7 Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “7” of the Verified Complaint. 8 Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “8” of the Verified Complaint. 9 Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “9” of the Verified Complaint. 10. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “10” of the Verified Complaint. 11. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “11” of the Verified Complaint. 12. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “12” of the Verified Complaint. 13. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “1 an 5) of the Verified Complaint. 14. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “14” of the Verified Complaint. iS: Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “15” of the Verified Complaint. 16. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “16” of the Verified Complaint. 17. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “17” of the Verified Complaint. 18. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “18” of the Verified Complaint. 19. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “19” of the Verified Complaint. 20. Denies upon information and belief, each and every allegation contained in paragraphs numbered “20” of the Verified Complaint, but admits defendant is a foreign corporation. 21. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “21” of the Verified Complaint. 22. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “22” of the Verified Complaint. 23. Denies any knowledge or information sufficient to form abelief as to the allegations contained in paragraph numbered “23” of the Verified Complaint. 24. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “24” of the Verified Complaint. 25. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “25” of the Verified Complaint. 26. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “26” of the Verified Complaint. 27. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “27” of the Verified Complaint. 28. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “28” of the Verified Complaint. 29. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “29” of the Verified Complaint. 30. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “30” of the Verified Complaint. 31. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “31” of the Verified Complaint. 32. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “32” of the Verified Complaint. 33. Denies any knowledge or information sufficient to form abelief as to the allegations contained in paragraph numbered “33” of the Verified Complaint. 34. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “34” of the Verified Complaint. 35. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “35” of the Verified Complaint. 36. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “36” of the Verified Complaint. 37. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “37” of the Verified Complaint. 38. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “38” of the Verified Complaint. 39. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “39” of the Verified Complaint. 40. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “40” of the Verified Complaint. 41. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “41” of the Verified Complaint. 42. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “42” of the Verified Complaint. 43. Denies each and every allegation contained in paragraph numbered “43” of the Verified Complaint. 44, Denies each and every allegation contained in paragraph numbered “44” of the Verified Complaint. 45. Denies each and every allegation contained in paragraph numbered “45” of the Verified Complaint. 46. Denies each and every allegation contained in paragraph numbered “46” of the Verified Complaint. 47. Denies each and every allegation contained in paragraph numbered “47” of the Verified Complaint. 48. Denies each and every allegation contained in paragraph numbered “48” of the Verified Complaint. 49. Denies each and every allegation contained in paragraph numbered “49” of the Verified Complaint. 50. Denies each and every allegation contained in paragraph numbered “50” of the Verified Complaint. ANSWERING FIRST CAUSE OF ACTION 51. Answering paragraph numbered “51” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “50” of this Verified Answer. 52. Denies each and every allegation contained in paragraph numbered “52” of the Verified Complaint. 535 Denies each and every allegation contained in paragraph numbered “53” of the Verified Complaint. 54. Denies each and every allegation contained in paragraph numbered “54” of the Verified Complaint. SS. Denies each and every allegation contained in paragraph numbered “55” of the Verified Complaint. 56. Denies each and every allegation contained in paragraph numbered “56” of the Verified Complaint. 37. Denies each and every allegation contained in paragraph numbered “57” of the Verified Complaint. 58. Denies each and every allegation contained in paragraph numbered “58” of the Verified Complaint. Sos Denies each and every allegation contained in paragraph numbered “59” of the Verified Complaint. ANSWERING SECOND CAUSE OF ACTION 60. Answering paragraph numbered “60” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “59” of this Verified Answer. 61. Denies upon information and belief, each and every allegation contained in paragraph numbered “61” of the Verified Complaint with all questions of law referred to the Court. 62. Denies each and every allegation contained in paragraph numbered “62” of the Verified Complaint. 63. Denies each and every allegation contained in paragraph numbered “63” of the Verified Complaint. 64. Denies each and every allegation contained in paragraph numbered “64” of the Verified Complaint. ANSWERING THIRD CAUSE OF ACTION 65. Answering paragraph numbered “65” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “64” of this Verified Answer. 66. Denies each and every allegation contained in paragraph numbered “66” of the Verified Complaint. 67. Denies each and every allegation contained in paragraph numbered “67” of the Verified Complaint. 68. Denies each and every allegation contained in paragraph numbered “68” of the Verified Complaint. 69. Denies each and every allegation contained in paragraph numbered “69” of the Verified Complaint. 70. Denies each and every allegation contained in paragraph numbered “70” of the Verified Complaint. 71. Denies each and every allegation contained in paragraph numbered “71” of the Verified Complaint. ves Denies each and every allegation contained in paragraph numbered “72” of the Verified Complaint. 73. Denies each and every allegation contained in paragraph numbered “73” of the Verified Complaint. 74. Denies each and every allegation contained in paragraph numbered “74” of the Verified Complaint. ANSWERING FOURTH CAUSE OF ACTION 75. Answering paragraph numbered “75” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “74” of this Verified Answer. 76. Denies each and every allegation contained in paragraph numbered “76” of the Verified Complaint. 77. Denies each and every allegation contained in paragraph numbered “77” of the Verified Complaint. 7B. Denies each and every allegation contained in paragraph numbered “78” of the Verified Complaint. 79. Denies each and every allegation contained in paragraph numbered “79” of the Verified Complaint. 80. Denies each and every allegation contained in paragraph numbered “80” of the Verified Complaint. 81. Denies each and every allegation contained in paragraph numbered “81” of the Verified Complaint. 82. Denies each and every allegation contained in paragraph numbered “82” of the Verified Complaint. 83. Denies each and every allegation contained in paragraph numbered “83” of the Verified Complaint. 84. Denies each and every allegation contained in paragraph numbered “84” of the Verified Complaint. 85. Denies each and every allegation contained in paragraph numbered “85” of the Verified Complaint. 86. Denies each and every allegation contained in paragraph numbered “86” of the Verified Complaint. 87. Denies each and every allegation contained in paragraph numbered “87” of the Verified Complaint. 88. Denies each and every allegation contained in paragraph numbered “88” of the Verified Complaint. 89, Denies each and every allegation contained in paragraph numbered “89” of the Verified Complaint. 90. Denies each and every allegation contained in paragraph numbered “90” of the Verified Complaint. oe Denies each and every allegation contained in paragraph numbered “91” of the Verified Complaint. 92. Denies each and every allegation contained in paragraph numbered “92” of the Verified Complaint. 93. Denies each and every allegation contained in paragraph numbered “93” of the Verified Complaint. ANSWERING FIFTH CAUSE OF ACTION 94. Answering paragraph numbered “94” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “93” of this Verified Answer. 95. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “95” of the Verified Complaint. 96. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “96” of the Verified Complaint. 97. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “97” of the Verified Complaint. 98. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “98” of the Verified Complaint. 99. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “99” of the Verified Complaint. 100. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “100” of the Verified Complaint. 101. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “101” of the Verified Complaint. ANSWERING SIXTH CAUSE OF ACTION 102. Answering paragraph numbered “102” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “101” of this Verified Answer. 103. Denies each and every allegation contained in paragraph numbered “103” of the Verified Complaint. 104, Denies each and every allegation contained in paragraph numbered “104” of the Verified Complaint. 105. Denies each and every allegation contained in paragraph numbered “105” of the Verified Complaint. 106. Denies each and every allegation contained in paragraph numbered “106” of the Verified Complaint. 107. Denies each and every allegation contained in paragraph numbered “107” of the Verified Complaint. 108. Denies each and every allegation contained in paragraph numbered “108” of the Verified Complaint. 109. Denies each and every allegation contained in paragraph numbered “109” of the Verified Complaint. 110. Denies each and every allegation contained in paragraph numbered “110” of the Verified Complaint. 111. Denies each and every allegation contained in paragraph numbered “111” of the Verified Complaint. 112. Denies each and every allegation contained in paragraph numbered “112” of the Verified Complaint. 113. Denies each and every allegation contained in paragraph numbered “113” of the Verified Complaint. 114. Denies each and every allegation contained in paragraph numbered “114” of the Verified Complaint. 115. Denies each and every allegation contained in paragraph numbered “115” of the Verified Complaint. 116. Denies each and every allegation contained in paragraph numbered “116” of the Verified Complaint. 117. Denies each and every allegation contained in paragraph numbered “117” of the Verified Complaint. ANSWERING SEVENTH CAUSE OF ACTION 118. Answering paragraph numbered “118” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “102” of this Verified Answer. 119. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “119” of the Verified Complaint. 120. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “120” of the Verified Complaint. 121. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “121” of the Verified Complaint. 122. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “122” of the Verified Complaint. 123. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “123” of the Verified Complaint. 124. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “124” of the Verified Complaint. 125. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “125” of the Verified Complaint. 126. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “126” of the Verified Complaint. 127. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “127” of the Verified Complaint. 128. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “128” of the Verified Complaint. 129. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “129” of the Verified Complaint. 130. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “130” of the Verified Complaint. 131. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “131” of the Verified Complaint. ANSWERING EIGHTH CAUSE OF ACTION 132. Answering paragraph numbered “132” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “131” of this Verified Answer. 133. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “133” of the Verified Complaint. 134. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “134” of the Verified Complaint. 135. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “135” of the Verified Complaint. 136. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “136” of the Verified Complaint. Si Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “137” of the Verified Complaint. 138. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “138” of the Verified Complaint. 139. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “139” of the Verified Complaint. 140. Denies any knowledge or information sufficient to form abelief as to the allegations contained in paragraph numbered “140” of the Verified Complaint. 141. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “141” of the Verified Complaint. 142. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “142” of the Verified Complaint. 143. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “143” of the Verified Complaint. 144, Denies each and every allegation contained in paragraph numbered “144” of the Verified Complaint. 145, Denies each and every allegation contained in paragraph numbered “145” of the Verified Complaint. 146. Denies upon information and belief, each and every allegation contained in paragraph numbered “146” of the Verified Complaint with all questions of law referred to the Court. 147. Denies upon information and belief, each and every allegation contained in paragraph numbered “147” of the Verified Complaint with all questions of law referred to the Court. ANSWERING NINTH CAUSE OF ACTION 148. Answering paragraph numbered “148” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “1” through “147” of this Verified Answer. 149. Denies upon information and belief, each and every allegation contained in paragraph numbered “149” of the Verified Complaint with all questions of law referred to the Court. 150. Denies upon information and belief, each and every allegation contained in paragraph numbered “150” of the Verified Complaint with all questions of law referred to the Court. 151. Denies upon information and belief, each and every allegation contained in paragraph numbered “151” of the Verified Complaint with all questions of law referred to the Court. 152. Denies upon information and belief, each and every allegation contained in paragraph numbered “152” of the Verified Complaint with all questions of law referred to the Court. 153, Denies upon information and belief, each and every allegation contained in paragraph numbered “153” of the Verified Complaint with all questions of law referred to the Court. 154. Denies upon information and belief, each and every allegation contained in paragraph numbered “154” of the Verified Complaint with all questions of law referred to the Court. 155. Denies upon information and belief, each and every allegation contained in paragraph numbered “155” of the Verified Complaint with all questions of law referred to the Court. 156. Denies upon information and belief, each and every allegation contained in paragraph numbered “156” of the Verified Complaint with all questions of law referred to the Court. 157. Denies upon information and belief, each and every allegation contained in paragraph numbered “157” of the Verified Complaint with all questions of law referred to the Court. 158. Denies upon information and belief, each and every allegation contained in paragraph numbered “158” of the Verified Complaint with all questions of law referred to the Court. 159. Denies upon information and belief, each and every allegation contained in paragraph numbered “159” of the Verified Complaint with all questions of law referred to the Court. 160. Denies upon information and belief, each and every allegation contained in paragraph numbered “160” of the Verified Complaint with all questions of law referred to the Court. ANSWERING TENTH CAUSE OF ACTION 161. Answering paragraph numbered “161” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “ey through “160” of this Verified Answer. 162. Denies each and every allegation contained in paragraph numbered 162” of the Verified Complaint. ANSWERING ELEVENTH CAUSE OF ACTION 163. Answering paragraph numbered “163” of the Verified Complaint, defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., repeats, reiterates and realleges each and every response contained in paragraphs numbered “ey through “164” of this Verified Answer. 164. Denies any knowledge or information sufficient to form a belief as to the allegations contained in paragraph numbered “164” of the Verified Complaint. 165. Denies each and every allegation contained in paragraph numbered “165” of the Verified Complaint. AS AND FOR A FIRST, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC.., d/b/a Tarkett. Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 166. This Court lacks jurisdiction over the answering defendant as a result of improper, and lack of, service of process. AS AND FOR A SECOND, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 167. All claims are time-barred by the applicable Statutes of Limitations. AS AND FOR A THIRD, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS. INC.. d/b/a Tarkett, Inc.. Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 168. All claims brought under the New York Statute of Limitations approved July 30, 1986 are time barred in that the statute is unconstitutional. AS AND FOR A FOURTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 169. The causes of action pleaded in the complaint have not been maintained in a timely fashion and plaintiffs have neglected the same and should be barred by the doctrine of laches. AS AND FOR A FIFTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 170. The forum chosen by the plaintiffs lacks personal jurisdiction over this answering defendant. AS AND FOR A SIXTH. SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 171. The complaint and each and every allegation considered separately fails to state any cause of action against the answering defendant upon which relief can be granted. AS AND FOR A SEVENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC.. d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries. Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 172. Insofar as the complaint, and each cause of action considered separately, alleges a cause of action accruing on or after September 1, 1975, to recover damages for personal injuries, the amount of damages recoverable thereon must be diminished by reason of the culpable conduct attributable to the plaintiff including contributory negligence and assumption of risk, in the proportion which the culpable conduction attributable to the plaintiffs bears to the culpable conduct which cause the damages. AS AND FOR AN EIGHTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 173. Insofar as the complaint, and each cause of action considered separately, alleges a cause of action accruing before September 1, 1975, each such cause of action is barred by reason of the culpable conduct attributable to the plaintiffs including contributory negligence and assumption of the risk. AS AND FOR A NINTH. SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individuall and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 174. If the plaintiffs should prove that they sustained injuries and damages as alleged, such injuries and damages resulted from acts or omissions on the part of the third-parties over whom this answering defendant had no control or right of control. AS AND FOR A TENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC.. d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 175. While this answering defendant denies the plaintiffs' allegations of negligence, statutory liability and/or strict liability, any injury and damages, to the extent that plaintiffs may be able to prove them, were the results of intervening and/or interceding acts of superseding negligence on the part of parties over whom this answering defendant neither controlled nor had the right to control. AS AND FOR AN ELEVENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 176. At all times during the conduct of its corporate operations, the agents, servants and/or employees of this answering defendant used methods in manufacturing its products in conformity with the available knowledge, state of the art and research of the scientific and industrial communities. AS AND FOR A TWELFTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries. Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 177. Plaintiffs, their co-workers and employers misused, abused, mistreated and misapplied the product designated as asbestos material as alleged in the complaint. AS AND FOR A THIRTEENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 178. If the Court finds that any misuse, abuse, mistreatment and/or misapplication of the product caused and/or contributed to the alleged damages or injuries to the plaintiffs, then this answering defendant requests that the amount of damages which might be recoverable shall be diminished by the proportion which the same misuse, abuse, mistreatment and/or misapplication, attributed to the plaintiffs, their co-workers and/or employers bear to the conduct which caused the alleged damages or injuries. AS AND FOR A FOURTEENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS. INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 179. Any oral warranties upon which plaintiffs relied are inadmissible and unavailable because of the provisions of the applicable Statue of Frauds. AS AND FOR A FIFTEENTH. SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC.., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 180. As to all causes of action pleaded in the complaint which are based upon expressed or implied warranties and/or representations, the alleged breaches thereof as against this answering defendant are legally insufficient by reason of their failure to allege privity of contract between the plaintiffs and this answering defendant. AS AND FOR A SIXTEENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC.., d/b/a Tarkett, Inc., Individuall and as successor to Azrock Industries. Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 181. Plaintiffs did not directly or indirectly purchase any asbestos containing products or materials from this answering defendant and plaintiffs neither received nor relied on any representation or warranty allegedly made by this answering defendant. AS AND FOR A SEVENTEENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 182. In the event that any breach of warranty is proven, plaintiffs failed to give proper and prompt notice of any such breach of warranty to this answering defendant. AS AND FOR AN EIGHTEENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individuall and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 183. To the extent that the causes of action pleaded by plaintiffs fail to accord with the Uniform Commercial Code, including, but not limited to Section 2-725 thereof, the plaintiffs' complaint is time-barred. AS AND FOR A NINETEENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS. INC. s/h/a DOMCO PRODUCTS TEXAS, INC.., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 184. Upon information and belief, plaintiffs filed to mitigate or otherwise act to lessen or reduce the injuries and disabilities alleged in the complaint. AS AND FOR A TWENTIETH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS. INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries. Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 185. To the extent that plaintiff seeks punitive damages against answering defendant, these damages are improper, unwarranted, not authorized by law and are unconstitutional in the context of this litigation. Subjecting the defendant to multiple trials and multiple imposition of punitive damages for the same course of conduct is violation of both substantive and procedural due process under the United States Constitution and the State of New York. Punitive damages are a violation of due process. The standard for the award of punitive damages is constitutionally void for vagueness. Lack of limitation on possible multiple imposition of punitive damage awards for the same alleged course of conduct is unconstitutional. AS AND FOR A TWENTY-FIRST, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 186. Plaintiffs are estopped from asserting the causes of action alleged in the complaint. AS AND FOR A TWENTY-SECOND, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individual} and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 187. Plaintiffs have waived the causes of action and recovery alleged in the complaint. AS AND FOR A TWENTY-THIRD SEPARATE AFFIRMATIVE AND COMPLETE DEFENSE THE DEFENDANT, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.. Individual]: and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 188. Plaintiffs have failed to name and join essential and necessary parties. AS AND FOR A TWENTY-FOURTH. SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 189. The defendant answering herein incorporated by reference, as if more fully set forth at length herein, all defenses, both affirmative and otherwise, raised, pleaded or asserted by all other answering defendants and third-party defendants. AS AND FOR A TWENTY-FIFTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individual and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 190. The injuries allegedly suffered by the plaintiffs, if any (which injuries are specifically denied by the answering defendant), were the result of culpable conduct or fault of third persons for whose conduct this answering defendant is not legally responsible, and the damaged recovered by the plaintiffs, if any, should be diminished or reduced in the proportion to which said culpable conduct bears upon the culpable conduct which caused the damages. Any liability on the part of this answering defendant (which liability is vigorously and specifically denied) is fifty percent or less of the liability of all persons who are the cause of the alleged injuries, if any, and the liability of this answering defendant for non-economic loss does not exceed this answering defendant's equitable share determined in accordance with the relative culpability of each person causing or contributing to the total liability for non-economic loss pursuant to CPLR section 1601 through 1603. AS AND FOR A TWENTY-SIXTH. SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.. Individually and as successor to Azrock Industries. Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 191, Plaintiffs lack requisite capacity, standing and authority to bring the within action, as they are not real parties in interest. AS AND FOR A TWENTY-SEVENTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 192. The within action cannot be maintained as there is another action pending between the same of similar parties for the same cause of action in a court of a state or the United States. AS AND FOR A TWENTY-EIGHTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc.. Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 193. This cause of action may not be maintained because of arbitration and award, collateral estoppel, a discharge in bankruptcy, infancy (or some other disability) of the plaintiffs, payment, release and/or res judicata. AS AND FOR A TWENTY-NINTH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 194. Plaintiffs do not specifically make any allegations against the answering defendant. AS AND FOR A THIRTIETH, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individuall and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: O58 The defendant, DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., alleges and asserts that the action has been improperly venued. AS AND FOR A THIRTY-FIRST, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS. INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc., ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 196. Any asbestos-containing product of this answering defendant that may be present at plaintiff's job locations were placed in any such buildings upon specification, approval or at the instruction of governmental or legislative agencies or bodies. AS AND FOR A THIRTY-SECOND, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT DOMCO PRODUCTS TEXAS, INC. s/h/a DOMCO PRODUCTS TEXAS, INC., d/b/a Tarkett, Inc., Individually and as successor to Azrock Industries, Inc.. ALLEGES UPON INFORMATION AND BELIEF AS FOLLOWS: 197. Exposure to asbestos fibers attributable to this defendant is so minimal so as to be insufficient to establish to a reasonable degree of probability that the products are capable of causing injury or damages and must be considered speculative as a matter of law. AS AND FOR A THIRTY-THIRD, SEPARATE AND COMPLETE AFFIRMATIVE DEFENSE THE DEFENDANT. DOMCO PRODUCTS TEXAS, INC.